Hurricane Shutters

We live in an HOA on the Gulf of Mexico. We have had our share of Hurricanes and scares the past few years.
There are 116 units in our gated HOA. For many years when very severe weather threatned our area plywood boards were placed on the windows of each unit. BTW, we have upper and lower units. Over time, many owners saw the wisdom of metal roll down Hurricane Shutters and now about 40% of owners have these shutters. Others have been permitted to use metal--slide in--window protectors. The others still use plywood. Sorry for the long intro, here is my question to the group: Can we (BOD) direct absentee owners--landlords--to install roll down shutters as many of these owners are not prepared for the quick reaction time to protect their units and thus the adjoining units in the building. In the past the HOA stored the plywood and left installation to owners, friends, contractors, etc. Now our HOA wants to get out of the Hurricane Protection Business and have owners be responsible. Of course, if we adopt this policy, the HOA BOD/Manager will, at the 11th hour, protect the irresponsible owners unit, but at a hefty fee and a fine. Comments please or example of other similar HOAs enacting such a policy. Billie R, South TX

Sorry, I had to leave but I am back with more thoughts.

So your property manager makes sure that the plywood gets hung up prior to a storm? Well, isn't that comforting to know that the P.M must run like crazy to get plywood installed. And it's so pretty too. Pass a rule that all units must have hurricane grade (we use Miami grade shutters--150 mph, in So. Florida) protection on all unit windows. This is really nothing that unit owners should be able to fight. Also check with your County regulations as they may have standards.

Donna and Anna: TY for the thoughtful input.

Bottom line:
1. Our CC&Rs require the BOD to protect the HOA property,
2. TX does not restrict hurricane shutters or HOA from requiring them,
3. Agree with plywood comment--YUK!,
4. BYlaws are silent on Hurricane Policy--however we do have Rules/Policies addressing this and subject to change by the BOD w/o membership approval.

Summary: We will update our Hurricane Plan to include mandatory shutters, no more plywood, owners responsiblity and if not done, the BOD will protect the property at a still cost to irresponsible owners.

BillieR

TY Donna.

We will execute this policy at our upcoming Annual Meeting and be willing to handle tthe fallout.
BillieR

Peter,

Thanks for posting the Florida Statute. What the Statute means is that the association must get a majority of approval votes to enact a manditory obligation of the unit owners to "require" that units have shutters installed. It does not mean that the association will pay for them, thus making it a common expense.

Here is the Statutes 718:113

""(5) Each board of administration shall adopt hurricane shutter specifications for each building within each condominium operated by the association which shall include color, style, and other factors deemed relevant by the board. All specifications adopted by the board shall comply with the applicable building code.

(a) The board may, subject to the provisions of s. 718.3026, and the approval of a majority of voting interests of the condominium, install hurricane shutters or hurricane protection that complies with or exceeds the applicable building code, or both, except that a vote of the owners is not required if the maintenance, repair, and replacement of hurricane shutters or other forms of hurricane protection are the responsibility of the association pursuant to the declaration of condominium. However, where hurricane protection or laminated glass or window film architecturally designed to function as hurricane protection which complies with or exceeds the current applicable building code has been previously installed, the board may not install hurricane shutters or other hurricane protection.

(b) The association shall be responsible for the maintenance, repair, and replacement of the hurricane shutters or other hurricane protection authorized by this subsection if such hurricane shutters or other hurricane protection is the responsibility of the association pursuant to the declaration of condominium. If the hurricane shutters or other hurricane protection authorized by this subsection are the responsibility of the unit owners pursuant to the declaration of condominium, the responsibility for the maintenance, repair, and replacement of such items shall be the responsibility of the unit owner.

(c) The board may operate shutters installed pursuant to this subsection without permission of the unit owners only where such operation is necessary to preserve and protect the condominium property and association property. The installation, replacement, operation, repair, and maintenance of such shutters in accordance with the procedures set forth herein shall not be deemed a material alteration to the common elements or association property within the meaning of this section.

(d) Notwithstanding any provision to the contrary in the condominium documents, if approval is required by the documents, a board shall not refuse to approve the installation or replacement of hurricane shutters by a unit owner conforming to the specifications adopted by the board.

(

Peter and Donna,

I am being educated as this blog continues and this is appreciated. TX is different than FL and we are studying the applicable TX Statues. The end game is to have shutters on all units (period). The alternative is to reduce the number and severity of Hurricanes that threaten our area--TX Legislature is should study that with an "earmark" (Pork) BillieR

I meant for "virtious" to be "virtuous".

Neither of us know the complete context of the situation esp. the gov. docs., and I am not qualified to correct you, but in a Florida condo situation you TYPICALLY only own from the "drywall-in" sort of speak (a.k.a. your unit).

The rest of the structure is owned, maintained, AND INSURED by the assn. Thus, application of exterior shutters would be attached to the common area.

Peter and Anna,

I cannot begin to thank enough for the dialog on this issue- so important to our HOA.

In summary (so far), here is what I get:
1. Our attorney will provide the applicable TX statutes addressing this issue--with opinion,
2. The BOD will comply with TX Law and our CC&Rs,
3. All 116 units here--upper and lower--WILL be properly protected from possible hurricane damage, and
4. Aesthetics will be considered and plywood will not be used.
BillieR

Peter,

I certainly had no intentions of having an attitude or to be snarkey. I appologize if that is what you felt from my reply. Sorry.

I have to go with Anna on this one. Both of my condo units have owner responsibility also to include the windows, frames and glass. Shutters were installed by me at my own expense....both units. It will depend on the individual documents. We have had numerous postings here on window and glass replacements which has resulted in unit owners are responsible for them.

The ownership of windows, glass and doors are not in question here. It is not uncommon for those to be owned by the unit owner. But that's not being debated by me.

The F.C.A. compells the assn. to adopt shutter standards/specifications and prevent their denial but falls short of mandating or forcing their installation.

Paragraph 7 below describes my understanding.

May 02, 2009
May I Install Hurricane Shutters? A Loaded Question for Condominium Association Boards
By Martin Salcedo, Esq.
Setnor Byer Insurance & Risk

Q: In the State of Florida, what right does a condominium board have to prohibit a unit owner from installing hurricane shutters?

A: When determining a condominium board’s right to limit or otherwise restrict a unit owner from undertaking a specific activity, the usual starting place is the condominium’s documents, such as the declaration or the bylaws. This is because condominium associations are generally left to their own devices when it comes to directing the manner in which they govern themselves. However, in the context of installing hurricane shutters, the Florida legislature believed legislative intervention was necessary.

By virtue of their location, condominium communities may be susceptible to various risks that may not exist in other geographic areas. In Florida, it is the risk of hurricanes that ordinarily take center stage.

Florida’s expansive coastline is reason enough to place hurricane damage at the top of the list of risk exposures. The extensive, and ever increasing, residential development along the coast serves to increase the concern. Moreover, the reluctance of an already diminished pool of insurance companies to sell affordable wind insurance policies to coastal residents without hurricane shutters, as well as the increasing difficulty experienced by many unit owners seeking board approval to install hurricane shutters, underscored the need for legislation.

Thus, in the context of hurricane shutter installation, Florida’s Condominium Act (the body of statutes governing Florida condominiums), rather than a condominium’s documents, controls the process.

Specifically, the Condominium Act requires each condominium board to adopt hurricane shutter specifications for each building, which shall include “color, style, and other factors deemed relevant by the board.” Moreover, the Act provides that notwithstanding any provisions to the contrary in a condominium’s documents, “if approval is required by the documents, a board shall not refuse to approve the installation of hurricane shutters by a unit owner conforming to the specifications adopted by the board.”

By implementing an express policy, and requiring adherence thereto, condominium boards are unable to rely on arbitrary, inconsistent, or unknown standards when considering a request to install hurricane shutters, thereby removing unreasonable obstacles often encountered by unit owners seeking to protect their property from potentially devastating hurricane losses.

In addition to protecting a unit owner’s right to install hurricane shutters, the Condominium Act also protects unit owners from being double-billed in the event they choose to protect their unit from hurricane damage. Thus, if a condominium association decides to install hurricane shutters for the entire community, the cost of which is to be borne by the entire community via an assessment, then those who have previously installed their own hurricane protection shall receive a credit equal to the pro rata portion of the assessed installation cost assigned to each unit. Without such a credit, unit owners would essentially be charged twice for electing to install hurricane shutters on their own.

Clearly, the State of Florida has a vested interest in reducing the risk of damage caused by hurricanes. Protecting the rights of unit owners to install their own hurricane shutters, and eliminating the potential financial penalties that such owners were previously susceptible to, ensures the State’s interests are protected in this regard.

And, since the legislature made protecting these rights a priority, prudence demands that condominium boards do the same. Any board decision denying a unit owner’s request to install hurricane shutters should be viewed cautiously. Otherwise, the board may find itself on the wrong side of a lawsuit.

To learn more about unit owners' rights and condominium boards' obligations, check out our catalog of State of Florida approved Condominium Management courses.

Posted by Martin Salcedo on May 02, 2009 at 03:34 AM in Condominium Governance

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